we have the right to habeas corpus. we have punishment that is in proportion to the crime, trial by jury, things like that, are the inspiration for our bill of rights. but if you read the early writings of hamilton and jefferson and adams and madison, many times they say, it's because of the magna carta that we're doing this. and remember, these people who were breaking away from england, they viewed themselves as englishmen and we said we don't want to break away from england, we are englishmen and we are entitled to the same rights of all englishmen and that includes the rights to the magna carta, and ultimately the parliament and the king said you are not entitled to the magna carta rights, you're different. that's what really led to the breakaway, the rights they thought they had in the engishmen living in the colonies were not ones they wanted to give to people living in the colonies. it was the magna carta principles that made people feel they deserved certain rights and not having them, they should break away. >>

but after anderson is refused the writ of habeas corpus, the military authorities come in and execute him for treason, on a very trumped up charge of inciting a revolt. menard himself is taken to a prison camp that was established around the morant bay area with samuel clark and probably escapes the noose himself for the sole reason that he was an american citizen. united states consul at kingston noticed an american was among the accused and began putting pressure on the british government to release him. this was achieved on the same day that samuel clark, his as and executed in a similar manner as gordon. the u.s. consul takes menard, whisks him away to kingston and places him on the next ship bound to new orleans. under u.s. government purchase, they bought him the ticket. menard's wife and young child were left behind in kingston. he didn't even have time to say good-bye to her, which comes up later in his career. he does reunite with the family and they are able to make it out of jamaica into new orleans. when he leaves jamaica, is brought to new orleans, his stock rises instant

. >> there rule of law there is not habeas corpus but habeas corpus. [laughter] just takes one jerk or a few to create havoc in any community. >> thank you for your question. >> congratulations on the book. i cannot wait to read it. grade margins and got a lot of credit for innovative ways to build the country and building it up with the three cups of tea author. i heard he was widely read by the officers. now he is under a cloud with fund-raising but nevertheless there refused upsurge of education and elementary schools over afghanistan. does he get credit for that? did he have a role to inspire that? >> sure. it is important for young officers to have a role models to see what counter insurgency the activities can have. i don't know he has the survey daub nis the change what we have learned from iraq those in engagements with civil society can help but how much? does it matter for national security? if women have greater rights that is wonderful does the matter for national security? that is what you have to ask at the end of the day. >> i am interes

. >> the rule of the law there is not habeas corpus, but habeas corpus. i'm fortunately all it takes is one or a few to create havoc in one community. >> thanks for your question. >> congratulations on the book. i can't wait to read it. exciting. greg martin said got a lot of credit at one time for some really innovative ways of building the country and building what was that, the three cups of tea author. i hurriedly he was widely read over there by the officers. and then he is kind of come under a cloud is something about fundraising, but nevertheless, there is a huge upsurge in education, elementary schools and all of that over in afghanistan. does he get a lot of credit for that? did he have a role in inspiring not quite >> was sure. it is important for young officers to have role models to see what kind of difference, especially for non-kinetic energies can have. i think it was required reading that some models. but i don't know that he's necessarily galvanized that change. i think when we look at what we have learned from iraq in earlier years in af

i'm sorry, but this is habeas corpus.urts are upholding indefinite detention, but this is a problem we all have to admit, right? in a war that'll have no ending because it's a war on terror, when will terror end? that's a long time to be detained, right, with no charges. so, yeah, it's complicated. i think many of your points are fair, and i think we could have a good debate. >> you said the navy doesn't or people in the navy you talked to didn't want to hold on to guantanamo. is it an active navy base now apart from the prison? >> so very good question. i want to quote a couple people from the conclusion. um, so, and this is from general barry mccaffrey who's a four-star marine corps general, general jack keane, another four-star general from summerville, by the way, and then another person who is the head, the commander of public works while i was there. here they say, i say -- this is on 356 for those who are following. r50 years after accuracy toe's rise to -- 50 years after castro's rise to power, guantanamo affords

in the aba is what would be the aba's response in the event there was a dirty nuclear bomb and habeas corpus was suspended in the united states, as it was by lincoln and by roosevelt? a lot of people don't remember that and don't know it. england, i was in england talking to their lawyers. i was talking to their security people. they don't have a constitution. they have much different ability to hold people for longer periods of time, and what they would do under similar circumstances. it is an issue we are thinking about and an issue the american bar association will have to respond to. >> a very different sector of the set of problems you have been wrestling with, are the problems faced by our justice system rooted in deep problems in legal education, especially aspiring -- spiral in student debt, forcing lawyers away from public interest -- especially spiraling stood in debt, forcing lawyers away from public interest? >> i have a son who graduated from university. i have a niece who graduated last year and another niece is considering going to law school. i have been

for residential certificates, and even deprive them of the protection of the courts and bail and habeas corpus cases an threaten even privileges associated with birthright citizenship. anti-chinese riots and massacres would drive many of the chinese out of small towns and cities across the american west. and thousands left for china never to return. the remaining chinese faced government harassment and repeated assaults against their civil liberties. such as arrests in the middle of the night. interrogation by immigration authorities, demands for bribes by corrupt official, and threats of deprecation to china. and as they would discover, all it would take was one crime by one chinese plan to put the entire chinese population under siege. when a young white girl named elsy siegal was apparently murdered by her chinese boyfriend in new york city, the police forbade any chinese person to leave the city without permission, and across the country the chinese were arrested sblim knitly when he stepped off trains or tried to buy steam ship tickets. during their search for the killer, the police in pr

act of 2003, threatens to destroy many of these hard-won american rights, such as our right to habeas corpus hearings, or even our right to retain or u.s. citizenship. today officials are also evoking some of the most shameful legislation of the past to justify present policies in the name of security. a few months ago, representative howard cobalt, head of homeland security subcommittee shocked the asian-american community by defending the imprisonment of japanese-americans in the 1940s. he said, and i'll quote him -- "some probably were intent on doing harm to us just as some of these arab-american, probably intent on doing larm to us." harm to us." as you know, the middle eastern ethnic community suffered great persecution since 9/11. in a manner reminiscent of the persecution of the chinese-american community during the mccarthy era and the exclusion period. people have been ordered off airplanes, harassed and attacked in the streets. there have been detentions without court hearings and dep pro tagss and according to some human rights attorneys i know in the bay area representing the ne

. >> we're going to lead by shutting down guantanamo and restoreing habeas corpus in this country. >>len short is closing guantanamo. i wanted to close it sooner. we missed that deadline. you understand in this election the greatest risk we can take is try to same old politics with the same old flair and expect a different result. >> summers brings a combination of skill, intellect and experience in the role he'll play in our administration. >> i'm running because of what dr. king called the fierce urgency of now. because i believe there is such a thing as being too late. >> i always believed that this was a long-term project. it will take more than a year. it will take more than two years. it will take more than one term. it will probably take more than one president. >> the fierce urgency of now. dean, let me start with you, here. >> sure. >> i know that you prefer the campaign obama, but how do we get the campaign obama to become the governing obama? >> i don't know if it's possible, frankly, cenk. there is so much involved in our government that involves compromise, something that

. >> i said it before and i'll say it again, the rule of their law there is not habeas corpus but habeas corpse and, unfortunately, it takes one jerk or a few jerks to create havoc in any community. >> thanks for your question. >> congratulations for the book. i can't wait to read it, exciting. greg mortensen got a lot of credit at one time for some really ways for building it up -- what is it three cups of tea author and i heard he was widely read over there by the officers. and then he's kind of come under a cloud about something about fundraising and stuff but nevertheless, there's a huge upsurge in education, elementary schools and all that over in afghanistan. did he get a lot of credit and did he have a role in inspiring that and getting that moving it's important for troops to have what different role models especially what the nonkinetic activities can have and i think it was reading at some levels but i don't know that he's necessarily galvanized that change. i think when we look at the -- what we've learned from iraq and the earlier years in afghanistan those kind of engagement

i don't know lincoln suspending habeas corpus where in the middle of the civil war could make an argumentr it. internment of the japanese you can make an argument for but having a secret law that you have in your back pocket that's beyond outrageous. sam, thank thank you for shedding light on this. check out the report, thanks. >> thanks, cenk. >> when we come back, more outrageous things in the country. tracvon martin a young african-american teenager who was shot. the guy who shot him the cops refuse to arrest him. today the witnesses come out and say the cops won't even take our testimony. we'll talk about that when we come back. >> i call back again i firmly believe this was not self defense. visit fiatusa.com [ laura ] maine is known for its lighthouses, rocky shore and most importantly its lobster. it's the tastiest, the sweetest, the freshest. nobody can ever get enough. [ male announcer ] it's lobsterfest at red lobster the one time of year you can savor 12 exciting lobster entrees like lobster lover's dream or new maine lobster and shrimp trio. [ laura ] hot, right out of the she

i don't know lincoln suspending habeas corpus where in the middle of the civil war could make an argumentt. internment of the japanese you can make an argument for but having a secret law that you have in your back pocket that's beyond outrageous. sam, thank thank you for shedding light on this. check out the report, thanks. >> thanks, cenk. >> when we come back, more outrageous things in the country. tracvon martin a young african-american teenager who was shot. the guy who shot him, the cops refuse to arrest him. today the witnesses come out and say the cops won't even take our testimony. we'll talk about that when we come back. >> i call back again i firmly believe this was not self defense. visit fiatusa.com tt >> we are back on "the young turks." and we have some amazing developments in the travvon martin case. he's the teenage african-american teenager who was shot by the self appointed neighborhood watch who happens to be white. the cops have not arrested him. they refuse to arrest him. they hand the case off to the state attorney. his father says he feels betrayed by the police be

defense lawyers and habeas corpus rules and much less detection. it is difficult to get these changes. on the question of torture all torture is an orange -- abhorrence. there was a consensus that water boarding of three men in guantanamo in the aftermath of 9/11 did produce life-saving information. the british head of m i 5 set last year it was torture and should not have happened. i say that even though i know it produced life-saving information. you have the dilemma. which michael wolf wrote about the brutal very eloquently. which is the lesser evil? saving lives by water boarding or water boarding is a greater evil and that is the question any politician has to face for the rest of his life. >> i would take a slightly different deal of that. we have reached a bizarre situation in our society whereby you actually discuss whether or not you need to water board in order to obtain information through interrogation. we know how to interrogate people without water boarding them without access to information as a result of that. that has been proven e

guantanamo -- and the numbers have come down considerably -- has access to defense lawyers and to habeas corpus rules and much better protection than in any other court, in any other detention center around the world. and it's changed. but it's very, very difficult for the united states to get the changes across in international opinion. on the question of torture, um, all torture is abhorrent, and the, um, i think there is a consensus of opinion that waterboarding those three men not in guantanamo, but in the aftermath of 9/11 did produce life-saving information. the british head of mi5, former head of mi5 said last year it was torture, and it should have not happened, but i still -- and i say that although i know it produced life-saving information. so you have there the dilemma of the lesser evil which michael waltzer has written about, the american social scientist, very eloquently at different times. which is the lesser evil, is it saving lives by waterboarding three people, or is it waterboarding -- is waterboarding a greater evil than that? that's a question that any politician who has t

[applause] will respect the principle that the voters -- the writ of habeas corpus. right now, we are undermining that. [applause] personal liberty in a very important way is with us every day. today, if you want to go out and buy a light bulb, you do not have a choice. there is a mandate we ought to talk about as well. there are limits on what we can and cannot do. they have a long time to decide who pays for birth control pills and whether they can put a mandate we are getting away off on tangents on what we should be talking about. [applause] but today, if you want to buy raw milk, you might not be able to. that is the nanny-state we do not need. we do not need any more nanny- state. [applause] i mentioned about the interstate commerce clause, how it is being abused with medical care, but it has been around as early as 1942. that is when the courts ruled it would be perfectly all right to prohibit if you lived on a farm to raise wheat to make your own bread. and if you did, you could be fined a lot of money and if you did not pay the fine, you could go to prison f

[applause] will respect the principle that the voters -- the writ of habeas corpus.ow, we are undermining that. [applause] personal liberty in a very important way is with us every day. today, if you want to go out and buy a light bulb, you do not have a choice. there is a mandate we ought to talk about as well. there are limits on what we can and cannot do. they have a long time to decide who pays for birth control pills and whether they can put a mandate we are getting away off on tangents on what we should be talking about. [applause] but today, if you want to buy raw milk, you might not be able to. that is the nanny-state we do not need. we do not need any more nanny- state. [applause] i mentioned about the interstate commerce clause, how it is being abused with medical care, but it has been around as early as 1942. that is when the courts ruled it would be perfectly all right to prohibit if you lived on a farm to raise wheat to make your own bread. and if you did, you could be fined a lot of money and if you did not pay the fine, you could go to prison for raisi